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Ord 04-02ORDINANCE NO. 4-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.001, "PURPOSE", TO PROVIDE A REFORMATED VERSION; BY AMENDING SECTION 53.002, "POLICY AND SCOPE", TO PROVIDE AN UPDATED POLICY; BY AMENDING SECTION 53.003, "APPLICATION OF CHAPTER", TO ADD A PROVISION ON THE ADMINISTRATION OF CHAPTER 53; BY AMENDING SECTION 53.004 "DEFINITIONS", TO READ "ABBREVIATIONS; DEFINITIONS", TO PROVIDE NECESSARY ABBREVIATIONS AND DEFINITIONS; BY AMENDING SECTION 53.005 "COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS", TO CLARIFY THE REGULATIONS TO BE COMPLIED WITH; BY AMENDING SECTION 53.006 "DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES", BY CLARIFYING WHICH FACILITY; BY AMENDING SECTION 53.024 "CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER", TO PROVIDE FOR CONNECTION TO SEWAGE DISPOSAL SYSTEMS; BY AMENDING SECTION 53.025 "COST OF MAKING CONNECTION", TO CLARIFY WHO IS RESPONSIBLE FOR THE COST OF CONNECTING TO THE SEWER SYSTEM; BY AMENDING SECTION 53.050 "DISCHARGE OF STORMWATER AND OTHER UNPOLLUTED DRAINAGE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.051 "PROHIBITED DISCHARGES TO SEWERS", TO PROVIDE FOR THE PROHIBITION OF CERTAIN DISCHARGES; BY REPEALING SECTION 53.052 "DISCHARGE OF CERTAIN WASTES RESTRICTED", AND ENACTING A NEW SECTION 53.052 "NATIONAL CATEGORICAL PRETREATMENT STANDARDS", TO PROVIDE FOR PRETREATMENT STANDARDS; BY AMENDING SECTION 53.053 "PRETREATMENT, EQUALIZATION OF WASTE FLOWS" TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.054 "INTERCEPTORS", TO CLARIFY THE USE OF INTERCEPTORS BY CERTAIN BUSINESSES; BY AMENDING SECTION 53.056 "ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE" TO CLARIFY DEFINED TERMS; BY ENACTING SECTION 53.057 "OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS", TO PROVIDE FOR THE IMPLEMENTATION. OF THE OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS; BY AMENDING SECTION 53.060 "COMPLIANCE", TO CLARIFY A DEFINED TERM; BY AMENDING SECTION 53.063 "EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.064 "PREVENTION OF ACCIDENTAL DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.065 "WRIT-FEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.067 "NOTIFICATION OF THE DISCHARGE OF HAZARDOUS WASTES", TO CLARIFY DEFINED TERMS; 1 Ord. No. 4-02 BY AMENDING SECTION 53.080 "COMPLIANCE DATE REPORT", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.081, "PERIODIC COMPLIANCE REPORTS", TO READ "REPORTING REQUIREMENTS", TO PROVIDE ADDITIONAL REPORTING REQUIREMENTS; BY AMENDING SECTION 53.082, "INSPECTION AND SAMPLING", TO PROVIDE FOR ADMINISTRATIVE INSPECTION WARRANTS IN APPROPRIATE CASES; BY AMENDING SECTION 53.083, "INFORMATION AND DATA TO BE MADE AVAILABLE", TO PROVIDE ADDITIONAL INFORMATION REQUIREMENTS; BY ENACTING SECTION 53.084, "ANALYTICAL REQUIREMENTS", TO PROVIDE FOR POLLUTANT ANALYSES; BY ENACTING SECTION 53.085, "SAMPLE COLLECTION", TO PROVIDE SAMPLING TECHNIQUES FOR DISCHARGES; BY REPEALING SECTION 53.100, "SPECIAL PERMIT REQUIRED; TERM", AND ENACTING A NEW SECTION 53.100 "PERMIT REQUIREMENTS", TO PROVIDE FOR PERMIT REQUIREMENTS; BY REPEALING SECTION 53.101, "APPLICATION FOR PERMITS", AND ENACTING A NEW SECTION 53.101 "PERMIT APPLICATIONS", TO PROVIDE FOR ADDITIONAL INFORMATION FOR PERMIT APPLICATIONS; BY ENACTING SECTION 53.102, "PERMIT ADMINISTRATION", TO PROVIDE PROCEDURES APPLICABLE TO THE DISCHARGE PERMITS; AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", TO PROVIDE FOR A REVISED SEWER SURCHARGE LEVELS AND TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.140 "RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.141 "SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.150, "NOTIFICATION OF VIOLATIONS", TO READ "NOTIFICATION OF VIOLATIONS; CONSENT ORDERS", TO PROVIDE FOR CONSENT ORDERS AS A REMEDY FOR NONCOMPLIANCE; BY AMENDING SECTION 53.152 "SHOW CAUSE HEARING", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.154 "RETENTION OF RECORDS REQUIRED" TO CLARIFY A DEFINED TERM; BY ENACTING SECTION 53.155, "AFFIRMATWE DEFENSES TO DISCHARGE VIOLATION" TO PROVIDE CERTAIN AFFIRMATIVE DEFENSES FOR A DISCHARGE VIOLATION; BY AMENDING SECTION 53.500 "ENFORCEMENT PLAN", TO CLARIFY DEFINED TERMS; BY AMENDING SECTION 53.999 "PENALTIES", TO CLARIFY A DEFINED TERM; AMENDING CHAPTER SIX "INFRASTRUCTURE AND PUBLIC PROPERTY", OF THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 6.1.11 "SEWER SYSTEM", TO PROVIDE REFERENCE TO CHAPTER 53 OF THE CODE OF ORDINANCES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, The City Commission has determined that it is in the public interest to prevent the introduction of pollutants into the City's publicly owned treatment works; and, 2 Ord. No. 4-02 WHEREAS, The Florida Depatm~ent of Environmental Protection has requested changes to the City's sanitary sewer ordinance in order to assure continuing compliance with all relevant State and Federal laws; and, WHEREAS, the City Commission has determined that compliance with such a request is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.001, "Purpose", of the Code of Ordinances of the City of Dekay Beach, Florida, is hereby amended to read as follows: Section $3.001 PURPOSE, (c) This ordinance sets forth uniform requirements for users of the Treatment Works for the City and enables the City to comply with all applicable State and Federal laws, including the Clean Water Act (33 United States Code ~ 1251 et seq.) and the General Pretreatment Regxflations (40 Code of Federal Regxflafions Part 403). The objectives of this ordinance are: operation: To prevent the introduction of pollutants into the Treatment Works that will interfere with its 3 Ord. No. 4-02 03) To prevent the introduction of pollutants into the Treatment Works that will pass through the Treatment Works, inadequately treated, into receiving waters or otherwise be incompatible with the Treatment Works; (C) To protect both Treatment Works personnel who may be affected by wastewater and sludge in the course of their employment and the general public; CD) Works: To promote reuse and recycling of industrial wastewater and sludge from the Treatment (E) To provide for fees for the equitable distribution of the cost of operation, maintenance, and improvement of the Treatment Works; and (F) To enable the City to comply with its National Pollutant Discharge Elimination System permit conditions, sludge use and disposal requirements, and any other Federal or State laws to which the Treatment Works is subject. Section 2. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.002, "Policy and Scope", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.002 POLICY AND SCOPE. The provisions of this chapter will be enforced to the fullest extent possible under the provisions of State and Federal laws, including the Clean Water Act (33 United States Code ~ 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal R%mlafions Part 403) and Florida Administrative Code Rules, 62-302,62-600, 62-604,62-610 and 62-625, F.A.C. [62-625.100 (1), F.A.C.] issued by the Florida Department of Environmental Protection (FDEP). Section 3. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.003, "Application of Chapter", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.005 APPLICATION OF CHAPTER. 4 Ord. No. 4-02 (A) The use of City wastewater or local government to the application of retail, and large agreement users, whether ir 03) The regulations of this chat Sanitary Sewer of the City whether inside o shall be required, within sixty (60) days aftel substantially similar to this chapter and to sewer systems. (C) Except as otherwise provi( the provisions of this Chapter. Any po, delegated by the Director to other City per,, Section 4. That Title V, "Pu "Definitions", of the Code of Ordinances follows: Section 53.004 ABBREVIATIONS: DE The following abbreviatiom [acilities by any entity or local government shall subject that entity his chapter. This shall include, but not be limited to, wholesale, side or outside the City limits. ,ter shall apply to all users of the ~c';;cr fac:'..'.'~ca Public Sewer or r outside e ,. ..... ~, .......... ~, .................... , ................. :. Furthermore, all local government users ' enactment of this chapter and notice thereof, to enact ordinances pply and enforce the same to all users of their public and sanitary ed herein, the Director shall administer, implement, and enforce vets granted to or duties imposed upon the Director may be onnel. blic Works", Chapter 53, "Sanitary Sewers", Section 53.004, the City of Delray Beach, Florida, is hereby amended to read as FINITIONS. shall have the desienated meanings: (1) BOD - Biochemica (2) CBOD - Carbonao (3) (;FR - Code of Fed (.4) COD - Chemical C (5) EPA- U.S. Enviro (6) ffpd - Gallons per ( (7) hug_/1- Milligr ams ! (8) NPDES - Nafiona l Oxveen Demand :ous Biochemical Oxygen Demand eral Reeulations xveen Demand unental Protection Agency ay >er liter Pollutant Discharge Elimination System 5 Ord. No. 4-02 (9) R(3RA - Resource Conservation and Recovezy Act (10) SI(; - Standard Industrial Classification (11) TSS - Total Suspended Solids (12) U.S.C. - United States Code (B) The following terms, or phrases, shall have the designated meanings: "ACT" and "THE ACT". The Federal Water Pollution Control Act, also known as the Clean Water Act of 1977, as amended, 33 U.S.C. 1251, et. seq. (2) "APPROVAL AUTHORITY". The Florida Department of Environmental Protection. (3) "AUTHORIZED REPRESENTATIVE OF INDUSTRIAL USER", (a) If the user is a corporation: 1. The president, secretary., treasurer, or a vice-president of the corporation and who is in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. (c) If the user is a Federal, State, or local government facility.: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (d) The individuals described in paragraphs (a) through (c) above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge o '~riginates 6 Ord. No. 4-02 or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City. "BOARD". The Board of Directors of the South Central Regional Wastewater Treatment and Disposal ~c,-,,z-a. Facility. ~ u ' ......... The quantity of oxygen ~ "B.O.D (Dcno'.L-~ : .... :~ '~ r~ a~,, utilized in the biochemical oxidation of organic matter undcz ............. .... aA~a l_t. ........... Lo~.~ ~. ............ a .... :_ c:.._ ~";r:x '"':a .... o at .... e~ ........ t- ........... ~ ...... ~, ....... when nitrification is not inhibited. "BUILDING SEWER". Sewer conveying wastewater from the premises of a user to the collection system which transmits ~eWastewater to the PO~Yd Treatment Works. "CAPACITY CHARGE". The charges calculated to cover cost incurred to have the system available and in good operating condition without regard to use, which shall include, but not be limited to, costs of minimum personnel, capital outlay, debt service, insurance, transfers, reserve requirements, and debt service coverage. (8) "CATEGORICAL PRETREATMENT STANDARD" Or "CATEGORICAL STANDARD". Any regxflation containing pollutant discharge limits promu~ated by EPA in accordance with Sections 307 (b) and (c) of the Act (33 U.S.C. ~ 1317) which apply to a specific category of users and which appear in 40 CFR Chapter I, Subchapter N, Parts 405-471. "CATEGORICAL USERS". Those commercial/industrial facilities which by 40 CFR 403 and subsequent amendments shah operate under a Wastewater Discharge Permit for discharges to the sSanitary sSewer. (10) "CHE~,a2a&s--'~ O.~VyCEN DE~,a2.~%rD (C.O.D.)" A measurement of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant using procedures listed in 40 CFR 136. (11) "C.B.O.D." The quantity of oxygen utilized in the biochemical oxidation of organic matter when inhibitine the nitroeenous oxveen demand. 7 Ord. No. 4-02 ..~;lla... ' ' ' (12) "COLLECTION SYSTEM". The system of public sewers to be operated by the City and connected to the nr~q-xw.._..., cA....~..o_:u,:__ Treatment Works. (13) "COMMODITY CHARGE". The charges calculated to cover the costs which vary with .t._ ~ .... ~ _c ___.: ...... -:n~-: the amount of water produced or sewage processed, which shall include, but not be limited to, costs of personnel to operate the system, electricity, repairs and maintenance, and operating supplies. (14.) "COMPATIBLE POI.I.UTANT". A substance amenable to treatment in the wastewater treatment plant such as biochemical oxygen demand, suspended solids, pH, and fecal coliform bacteria, plus additional pollutants identified in the NPDES permit if the publicly owned treatment works was designed to treat those pollutants, and in fact does remove the pollutant to a substantial degree. (15) "COMPOSITE SAMPLE". A series of samples taken over a specific 24-hour time period at intervals not to exceed fifteen (15) minutes in the waste stream which are combined into one sample. Flow proportional sampling is mandated unless circumstances do not permit it, then it shall be time proportional. Samples shall be taken during effluent discharge times only. (16) "COOLING WATER". The water discharged from any use such as air conditioning, cooling, or refrigeration, or to which the only pollutant added is heat. (! 7) "CUSTOMER CHARGE". The charges calculated to cover the costs incurred in the billing system, which shall include, but not be limited to costs of meter reading, recording, data processing, billing and collecting. (18) "DIRECT DISCHARGE". The discharge of treated or untreated wastewater directly into the waters of the State. 19) "DIRECTOR". This refers to the individual in charge of the Department of Environmental Services for the City. (20) "DISCHARGE". Means to dispose, deposit, place, emit, unload, release or cause or allow to be disposed of, deposited, placed, emitted, unloaded, or released. 8 Ord. No. 4-02 (21) "DOMESTIC WASTEWATER". Wastewater derived principally from dwellings, commercial buildings, institutions, and industry~.,..o,.,~,.~.81~:-- c.__....._ comprised of household or toilet waste resulting from human occupancy. It may or may not contain ground water, surface water, or stormwater. (22) "ENVIRONMENTAL PROTECTION AGENCY" or "EPA". The U.S. Environmental Protection Agency;~ o~ W',vhere appropriate the term may also be used as a designation for the Administrator or other duly authorized official of that agency. (23) "EXECUTIVE DIRECTOR". The admkm'strative director or his or her authorized deputy, agent or representative of the South Central Regional Wastewater Treatment and Disposal Board. The Executive Director is the authorized administrative authority of the South Central Regional Wastewater Treatment and Disposal Board. (24) "EXISTING $OUR(;E". Any source of discharge, the construction or operation of which commenced prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable to such a source if the standard is thereafter promulgated in accordance with section 307 of the Act. (25) "GARBAGE". The animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods. (26) "GRAB SAMPLE". A sample which is taken from a waste stream on a one-time basis with no regard to the flow in the waste stream and without consideration of t/me. (27) "INDIRECT DISCHARGE". The di ...... g ...... introduction of nc. ndc. mcgae pollutants fram any into the Treatment Works from any nondomestic source regulated under Section 307(b), (c) ~ 03 "c c- 1317) ' (/.-: ding t._,a: or of the Act, ,~ ..... , '..-:to t,hc nn-nw ...... (28) "INDUSTRIAL OR COMMERCIAL WASTE". The liquid wastes from industrial commercial, or institutional processes as distinct from domestic or sanitary sewage. (29) "INDUSTRIAL AND COMMERCIAL WASTE DISCHARGE PERMIT". A permit issued to control the process flows from industry, commerce, or institutions that may be discharged into the sanitary sewer system. This permit is issued in addition to any other types of permits. When issued, the permit will define the characteristics and volume of the flow and acceptance or rejection of individual waste components and/or require high strength waste surcharges. 9 Ord. No. 4-02 (30) "INDUSTRIAL COST RECOVERY". Recovery by a federal grantee from the industrially classified users of a treatment works of the grant amount allocable to the treatment of wastes from those users. (31) "INDUSTRIAI.I.Y CLASSIFIED USER". An industrial or commercial user whose liquid wastes are, in part, made up of flows related to industrial processes, as distinct from an industrial or commercial user whose waste flows are primarily domestic or resulting from human occupancy. (32) "INDUSTRIAL USER". A source of indirect discharge and discharge of industrial and or commercial waste which does not constitute a discharge of pollutants under regulations issued pursuant to Section 402 of the Act, (33 U.S.C. 1342). (33) "INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT". The maximum concentration of a pollutant allowed to be discharged at any time, determined from analysis of any discrete or composite sample collected, independent of the industrial flow rate and the duration of the sampling event. (34) "INTERFERENCE". A discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the Treatment Works, its treatment process or operations or its sludge processes, use or disposal; and therefore, is a cause of a violation of the City's NPDES permit or the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued thereunder, or any more stringent State or Local Regxflations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. (35) "MEDICAL WASTE". Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. (36) "MILI.IGRAMS PER LITER (rog/l)". Milligrams per liter shall be considered equivalent to parts per million. (37) "MONITORING COSTS". Those costs incurred by the City in performing monitoring and/or sampling as prescribed by 40 CFR 403. 10 Ord. No. 4-02 (38) "NATIONAL CATEGORICAL PRETREATMENT STANDARD". Any federal regulation containing pollutant discharge limits promulgated by the EPA which applies to a specific category of industrial users. (39) "NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT" or "NPDES PERMIT". A permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342). (40) "NATIONAL PROHIBITIVE DISCHARGE STANDARD" or "PROHIBITIVE DISCHARGE STANDARD". Any regulation developed under the authority of 307(b) of the Act and 40 CFR, Section 403.5. (41) "NATURAL OUTLET". Any ditch, canal, stream, waterway, lake, river, pond, well, gully, or other water body. (42) "NEW SOURCE". (a) Any building, structure, facility., or installation from which there is (or may be) a discha~e of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Secuon 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (1) The building, structure, facility or installation is constructed at a site at which no other source is located; or (2) The building, structure, facility, or installation totally rephces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) The production or wastewater generating processes of the building. structure, facility., or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is engaged in the same general .t?e of activity as the existing source, should be considered. (b) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of 53.004(42)(a)1 or 2 above but otherwise alters, replaces, or adds to existing process or production equipment. (c) Construction of a new source as defined under this para~aph has commenced if the owner or operator has: 11 Ord. No. 4-02 (1) Begun or caused to begin, as part of a continuous onsite construction equipment: or (a) any placement, assembly, or installation of facilities or (b) significant site preparation work including clearing, excavation. or removal of existing buildin~s, structures, or facilities which is necessary, for the placement, assembly, or installation of new source facilities or equipment; or (c) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this paragraph. (43) "NONCONTACT COOLING WATER". Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product. \ '! (44) "PASS THROUGH". A discharge which exits the Treatment Works into waters of the United States in quantifies or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES permit, including an increase in the magmtude or duration of a violation. 12 Ord. No. 4-02 (45) "POINT SOURCE". The initial point of discharge into the sanitary sewer system. (46) "POLLUTANT," Dredged spoil, solid waste, incinerator residue, filter backwash, sewage. ~rbage. sewage sludge, munitions, medical wastes, chemical wastes, biolo~cal materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g. pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor). (47) "POIJ~UTION". The man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. (48) "PRETREATMENT". The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the Treatment Works. This reduction or alteration can be obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. (49) "PRETREATMENT REQUIREMENTS". Any substantive or procedural requirement for treating of a waste prior to discharging or otherwise introducing the waste into the Treatment Works. "PRETP. Ep2.~.{E.X.vT ST A~X.rD p2.DS''. (50) "PRETREATMENT STANDARDS" Or "STANDARDS". Pretreatment standards shall mean prohibited discharge standards, categorical pretreatment standards, and local limits. 13 Ord. No. 4-02 (51) "PROHIBITED DISCHARGE STANDARDS" or "PROHIBITED DISCHARGES." Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 53.051 of this ordinance. (52) "PROPERLY SHREDDED GARBAGE". The wastes from the preparation, cooking, and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch (1.27 centimeters) in any dimension. (53) "PUBLICLY OWNED TREATMENT WORKS 0aO-221~ or TREATMENT WORKS". In this case, the regional treatment plant operated by the South Central Regional Wastewater Treatment and Disposal Board and the sewa~ collection/transmission ~cwcr system owned and operated ly by th City _cr~ .... n~t. separate e ...... y ....... (54) "PUBLIC SEWER". A acwcr pipe or conduit in which all owners of abutting properties have equal fights, and which is controlled by public authority. (55) "REGIONAL TREATMENT FACILITIES". The South Central Regional Wastewater Treatment Plant transmission and disposal facilities as operated by the South Central Regional Wastewater Treatment and Disposal Board. (56) "REPLACEMENT". Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment process facilities to maintain the capacity and performance for which those facilities were designed and constructed. (57) "RESIDENTIAL DWELLING UNIT". One or more rooms connected together. constituting a separate, independent housekeeping establishment and physically separated from any other dwelling unit which may be in the same structure, and which contains independent sanitation, living, cooking and sleeping facilities. (58) "SANITARY SEWER". A acwcr pipe or conduit which carries ~ sewage and to which storm, surface, and ground water are not intentionally admitted. 14 Ord. No. 4-02 (59) "SEPTIC TANK WASTE". Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (60) "SEWAGE" or 'CWASTEWATER". A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be unintentionally present, which contributes to or is permitted to enter the Treatment Works. ,--_1.....1;__ *.k^ (61) "SIGNIFICANT INDUSTRIAL USER", (a) A user subject to categorical pretreatment standazds; or (b) A user that: 1. Discharges an average of twenty-five thousand (25,000) gallons per day (gpd) or more of process wastewater to the Treatment Works (excluding sanitary, noncontact cooling, and boiler blowdown wastewater); 2. Contributes a process waste stream which makes up five (5) percent or more of the average dry weather hydraulic or organic capacity of the Treatment Plant; or 3. Is designated as such by the City. on the basis that it has a reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement. (c) Upon a finding that a user meeting the criteria in Subsection ~) of this definition has no reasonable potential for adversely affecting the Treatment Works operation or for violating any pretreatment standard or requirement, the City. may at any time, on its own initiative or in response to a 15 Ord. No. 4-02 petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user. (62) "SIGNIFICANT NON-COMPLIANCE". Means that violations of this ordinance by a user subject to pretreatment standards meet one or more of the following criteria: (5aD Chronic Violation: 66 % or more of all measurements taken for the same pollutant during a six month period exceeded (by any magnitude) the applicable daily maximum limit or the applicable average limit; (gb) Technical Review Criteria (TRC) Violation: 33% or more of all measurements taken for the same pollutant during a six month period equaled or exceeded the product of the daily average maximum limit or the average limit times the applicable TRC. For categorical pretreatment limitations the TRC equals 1.4 for B.O.D., T.S.S. and Oil and Grease; and 1.2 for all other pollutants except pH; (ge_) An effluent violation caused Interference or Pass Through or endangered the health of City personnel or the general public; (4~t_) A discharge that caused imminent endangerment to human health, welfare or to the environment and resulted in the City exercising its emergency authority under Section 53.136 of this ordinance; (ge_) Failure to meet a compliance schedule milestone date within ninety (90) days or more after the scheduled date; (6_0 Failure to submit a required report within thirty (30) days of its due date; Failure to accurately report non-compliance; or (gh_) Any other violation or group of violations which the Director determines may cause Interference or Pass Through or will adversely affect implementation of the City's pretreatment program. (63) "SIGNIFICANT VIOLATION". A violation that remains uncorrected forty-five (45) days after notification of non-compliance; which is part of a pattern of non-compliance over a twelve month period; which involves a failure to accurately report non-comphance; or wlfich resulted in the Treatment Works exercising its emergency authority under Section 403.8(F)(1)(vi)(B) of the Act. 16 Ord. No. 4-02 (64) "SLUG LOAD" 0r "SLUG". Any discharge at a flow rate or concentration which could cause a violation of the prohibited discharge standards in Sections 53.051 and 53.052 of this Chapter. (65) "STANDARD INDUSTRIAL CLASSIFICATION (SIC)". Classification pursuant to the Standard Industrial Classification Manual issued by the executive office of the President, Office of Management and Budget, as amended. (66) "STORM DRAIN" or "STORM SEWER". A acwcz pipe or conduit that carries stormwater and surface water, street wash, and other wash waters or drainage, but excludes domestic wastewater and industrial and commercial waste. (67) "STORMWATER". Any flow occurring during or following any form of natural precipitation and resulting therefrom. (68) "SURCHARGE". An extra charge levied to a user for treatment of compatible wastewaters that contain substances in excess of specified maximum allowable limits. (69) "SUSPENDED SOLIDS". Solids that are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering. (70) "TOXIC POLLUTANT". Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under Section 307(a) of the Act, or other Acts. (71) "USER". Any person who contributes, causes, or permits the contribution of wastewater into the P©LDW Treatment Works. 17 Ord. No. 4-02 (72) "USER CHARGE" or "USER FEE". A charge levied on the users of the '~Treatment wWorks for the cost of operation and maintenance of those facilities and other equitable and necessary charges. (73) "WASTEWATER TREATMENT PLANT" or "TREATMENT PLANT". Az? .- ~c a_.: ..... a ....... a c .......... t. a.~ ~r~v~ Th p trion of re~onal treatment facilities designed to provide treatment to wastewater which is operated by the South Central Regional Wastewater Treatment and Disposal Board. or intermittently. "WATERCOURSE". A channel in which a flow of water occurs, either continuously Section 5. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.005, "Compliance With Provisions or More Stringent Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.005 COMPLIANCE WITH PROVISIONS OR MORE STRINGENT REGULATIONS. Public sanitary sewers shall be as outlined in this chapter or as required by other regulations promulgated by the City or the P©2DW Board under the authority of this chapter. Where the provisions of this chapter or such regulation conflict with thee health ageney department requirements, the requirements which are most stringent shall apply. Section 6. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.006, "Disposal of Sewage Other Than Through Regional Facilities", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.006 DISPOSAL OF SEWAGE OTHER THAN THROUGH REGIONAL FACILITIES. (A) The disposal of sanitary sewage by means other than use of the available regional treatment facilities shall be in accordance with city, county, state, and federal law. (B) chapter. The disposal of sanitary sewage to the P©~Y7 Treatment Works shall be as outlined in this Section 7. That Tide V, "Public Works", Chapter 53, "SanitaW Sewers", Section 53.024, "Connecting Private Sewage Disposal System to Public Sewer", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as foLlows: 18 Ord. No. 4-02 Section 53.024 CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER, The owner, or tenant/occupant if authorized by the owner, of each lot or parcel of land within the City which abuts on or is within 200' of any street, utility easement or public way containing a sanitary sewer. which is served or which can be served by the sewage system and upon which lot or parcel a building has been constructed for residential, commercial, or industrial use shall connect the building with the sanitary. sewer within 90 days after the samtary sewer is available to that building for use, and shall cease the use of any septic tanks, cesspools and sinular private sewage disposal facilities, which, shall be abandoned in accordance with health depatcment standards. Section 8. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.025, "Cost of Making Connection", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.025 COST OF MAKING CONNECTION. The City will p~.y ................... /5 provide one sewer ¢~tp service to each property for which connection to the City. sewer system is required by this chapter.~c pzc, Fc:'~/ ,.~:-- ....... _c ,t. ......... ~' ........... ":--/5 the cc. naccfion. Any additional sewer tatp connections will be at the expense of the owner, subject to the approval of the City Engineer, on an actual cost basis, but which shall be not less than $250.00 each, paid to the City by the owner. On all properties where any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by that drain shall be lifted by approved artificial means and discharged to the public sewer at no cost to the City. (Ord. No. 22-94, passed 5/3/94) Section 9. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.050, "Discharge of Stormwater and Other Unpolluted Drainage", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.050 DISCHARGE OF STORMWATER AND OTHER UNPOI.I.UTED DRAINAGE. (A) No person shall discharge or cause to be discharged any stormwater, uncontaminated cooling water or unpolluted industrial process waters to the sanitary sewer. (B) Stormwater and all other unpolluted drainage shall be discharged to storm sewers, or to a 19 Ord. No. 4-02 natural outlet approved by proper City or County official. Industrial cooling water or unpolluted process waters may be discharged on approval of the U' "'. ..:.dca Director to a storm sewer or natural outlet. Section 10. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.051, "Prohibited Discharges to Sewers", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.051 PROHIBITED DISCHARGES TO SEWERS. (A) General Prohibitions. No user shall introduce or cause to be introduced into the Treatment Works any pollutant or wastewater which causes Pass Through or Interference. These general prohibitions apply to all users of the Treatment Works whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or reqmrements. 03) Specific Prohibitions. These specific prohibitions exemplify, but do not limit the general prohibitions found at Section 53.051(A) above. No user shall introduce or cause to be introduced into the Treatment Works the following pollutants, substances, or wastewater: 20 Ord. No. 4-02 (1) Pollutants which create a fire or explosive hazard, including but not limited to, waste streams with a closed-cup flashpoint of less than 140°F (60°C) using test methods specified in 40 CFR 261.21; (2) Wastewater having a pH less than 5.0, or greater than 9.5, or otherwise causing corrosive structural damage to the Treatment Works or equipment; (3) Solid or viscous substances in amounts which will cause obstruction of the flow in the Treatment Works resulting in interference, such as, but not limited to, ashes, cinders, sand, mud, straw, shaving, metal, glass, rags. feathers, tar. plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups and milk containers; (4.) Pollutants. including oxygen,demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause Interference; (5) Wastewater having a temperature greater than 150° (65°C), or which will inhibit biological activity in the Treatment Plant resulting in Interference, but in no case Wastewater which causes the temperature at the introduction into the Treatment Plant to exceed 104°F (40°C); (6) Petroleum oil. nonbiode~adable cutting oil, or products of mineral oil origin, in amounts that will cause Interference or Pass Through; (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the Treatment Works in a quantity that may cause acute worker health and safety problems; (8) Industrial waste haulers may discharge loads only at locations designated by the City. No load may be discharged without prior consent of the City. The Director may require samples to be collected of each hauled load to ensure compliance w~th applicable standards. The Director may require the industrial waste hauler to provide a waste analysis of any load prior to discharge; (9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life, or to prevent entry into the sewers for maintenance or repair; (1 O) Wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent, thereby violating the City's NPDES permit; (11) Storm water, surface water, ground water, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact cooling water, and unpolluted wastewater, unless specifically authorized by the Director; 21 Ord. No. 4-02 (12) Sludges, screenings, or other residues from pretreatment of industrial wastes: permit: (13) Medical wastes, except as specifically authorized by the City in a wastewater discharge (14) Wastewater causing, alone or in conjunction with other sources, the Treatment Plant's effluent to fail a toxicity test; (15) Detergents, surface-active agents, or other substances which may cause excessive foaming in the Treatment Works: (16) Fats, oils, or greases, whether emulsified or not, or wastewater containing fats, oils or ~eases. whether emulsified or not, in concentrations in excess of 100 mg/1 or substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C), and provided further that the user complies with the requirements of the City's high strength sewer surcharge system. (C) The City is obligated to develop and enforce local limits necessary to implement and enforce the general and specific prohibitions (40 CFR 403.5). Such local limits may be imposed on industrial users directly through the sewer use ordinance, through industrial user permits, and through additional control mechanisms the City intends to use as part of its pretreatment program. 02)) Local limits for the South Central Regional Wastewater Treatment and Disposal Board apply to the Sanitary Sewer and are hereby listed as follows: CITY OF DELRAY BEACH UTILITIES DISCHARGE LIMITS Parameter New Limit Metala Antimony Arsenic Chromium- 2.0 MG/L 1.06 MG/L 0.98 MG/L Hexavalent 0.5 MG/L Chromium-Total 17.70 mg/1 Copper 16.39 mg/1 Irgn 5 mg/1 l~a¢t 1.80 mg/1 Mercury. 0.77 mg/1 Molybdenum 1.48 rog/1 Nickel 0.95 mg/1 22 Ord. No. 4-02 Selenium 1.72 mg/l Silver 2.96 mg/1 Zinc 0.95 rng/1 Ammonia (surcharge) 100 mg/1 Chloride 600 mg/1 Cyanide 5.61 mg/1 Cyanide Amenable 0.5 rng/1 to Chlorination 0.5 mg/1 Fluoride 50 mg/1 Ph 5-5 - 9.5 Std Units CBOD (surcharge) COD (surcharge) Oil and Grease Petroleum Hydrocarbons Phenol Phenolic Compounds, Total Total Toxic Organics TSS (surcharge) Particle Size Radioactive Elements 500 mg/l 1000 mg/1 250 mg/1 25 mg/1 5.0 rog/1 5.0 mg/l No 1 >1.0 mg/l 500 rog/1 <1/2" Are Prohibited _Section 11. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.052, "Discharge of Certain Wastes Restricted", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by repealing Section 53.052 and enacting Section 53.052 "National Categorical Pretreatment Standards" to read as follows: $.~.~r..... 5g ~52 DI$CP~*2.GE On CEP-TP2N WASTES P. ESTP2CTED. 23 Ord. No. 4-02 24 Ord. No. 4-02 a~.cn=klc :o c~2oz:madon ~g .tJzJ. $0 6OO 1 0.5 ~0 220 '!'!0 500.0' 25 Ord. No. 4-02 Section 53.052 NATIONAL CATEGORICAL PRETREATMENT STANDARDS; (A) The categorical pretreatment standards found at 40 CFR Chapter 1, Subchapter N, Parts 405- 471 are hereby incorporated. (1) Where a categorical pretreatment standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the Director may impose equivalent concentration or mass limits in accordance with 40 CFR 403.6 (C) and Florida Administrative Code 62-625-410(4). (2) When wastewater subject to a categorical pretreatment standard is mixed with wastewater not regulated by the same standard, the Director shall impose an alternate limit using the combined waste stream formula in 40 CFR 403.6 (E) and Florida Administrative Code 62-625-410(6). 26 Ord. No. 4-02 (3) A user may obtain a variance from a categorical pretreatment standard if the user can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13 and Florida Administrative Code 62-625-700, that factors relating to its discharge are fundamentally different from the factors considered by EPA when developing the categorical pretreatment standard. (B) (C) Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Director may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate. Section 12. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.053, "Pretreatment, Equalization of Waste Flows", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.05,3 PRE;TREATMENT, EQUALIZATION OF WASTE FLOWS. (A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 53.05gl, and which, in the judgment of the U~scs Director, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the U~c~ Director may: (1) Reject the wastes; (2) Require pretreatment to an acceptable condition for discharge to the public sewers; (3) Require control over the quantities and rates of discharge; or (4) Require payment to cover the added cost of handling and treating the wastes not covered by existing fees or sewer charges as contained in the City's high strength sewer surcharge. (B) If the P© ~'DY/Board and the City permits the pretreatment or equalization of waste flows, the plans for the design and installation of the equipment shall be subject to the review and approval of the P©.'DW Board and the City and subject to the requirements of applicable codes, ordinances, laws, and compliance schedules as established by the City. In addition, any major contributing industry as defined by 40 CFR 403 shall comply with 40 CFR 403.12 and any other regulation as shall from time to time be established by the EPA or other appropriate regulating governmental agency. 27 Ord. No. 4-02 Section 13. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.054, "Interceptors", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.054 INTERCEPTORS, (A) Grease, oil, hair, lint and sand interceptors are to be provided when, in the judgment of the U'"'...'.',~c; Director, they are necessary for the proper handling of liquid wastes containing grease or any other restricted substance in excessive amounts or any flammable wastes, sand, or other harmful ingredients; except that those interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City and shall be so located as to be readily and easily accessible for cleaning and inspection. (B) All new and existing businesses or industries that wash cars will be required to install and maintain an oil/water separator in the sewer service discharge. For outdoor car washing, the wash pad must be sheltered so Stormwater will not be discharged to the sanitary sewer system. Complete containment of all car wash areas using curbing or mountable traffic bumps is required to prevent runoff of wash discharge to storm drainage facilities. All new and existing businesses or industries that use petroleum base products in day to day activities will be required to install an oil/water separator in the sewer service discharge if floor drains connect to the Sanitary Sewer. No domestic effluent shall be allowed to discharge through the oil/water separator as stated in the plumbing code section of the Florida Building Code. Section 14. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.056, "Admission of Industrial and Commercial Waste", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.056 ADMISSION OF INDUSTRIAL AND COMMERCIAL WASTE. All users of the sanitary sewers shall recognize and comply with the following: (A) The economy and desirability of the combined treatment of industrial and commercial wastes and sanitary sewage is recognized. However, not all types and quantities of industrial and commerdal wastes can be so treated. It shall be the City's policy to admit the types and quantities of industrial and commercial wastes that are not harmful or damaging to the structures, processes or operation of the sewage works or are not specifically prohibited. In all cases, a special permit will be issued which will state specific conditions and requirements to be maintained. It is also recognized that to provide this service, additional facilities or treatment are required. The cost of which must be borne by the user receiving the benefits. 03) (1) Approval in advance by the City is required for the anticipated admission into the public sewers of industrial or commercial wastes ~ where the local limits will be exceeded for the followine: 28 Ord. No. 4-02 C.B.O.D. C.O.D. Suspended Solids Ammonia Nitrogen Oil/Grease Content Total Toxic Organic Content (2) The user shall provide chemical analyses of the discharge according to a schedule to be established by the P©2Xv/City and continued discharge shall be subject to approval of the City. (C) Samples shall be collected so as to be a representative sample of the actual quality of the wastes. Samples for analysis may be collected by the user or his representative. Analysis shall be made by a registered sanitary engineer or graduate chemist whose qualifications are acceptable to the City or a wastewater treatment plant operator licensed and registered in the state, or a water testing laboratory certified by the state, using the laboratory methods for the examination of wastewater as set forth in 40 CFR 136. (12)) When required by the U<?..'.'dc~, Director, any establishment discharging industrial or commercial wastes into the sewer system shall construct and maintain at its sole expense a suitable control manhole or other suitable control station downstream from any treatment, storage, or other approved works to facilitate observation, measurement and sampling of all wastes including all domestic sewage from the establishment. The location and methods of construction of the control station shall be approved by the U'"I...:.~,z~ Director. The control station shall be maintained by the establishment so as to be safe and accessible at all times. If any establishment wishes to meter its waste discharge into the sewer system to verify in- product water retention or other uses of metered flow, they may, at their sole expense, install a flow-metering device as approved by the U'"'...:.dc~ Director. The control station shall be accessible to City personnel at all times for sampling. When required, construction of those facilities shall be completed within ninety (90) days following written notification by the City. 29 Ord. No. 4-02 Section 15. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.057, "Oil and Grease Management and Surcharge Programs", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.057 OIL AND GREASE MANAGEMENT AND SURCHARGE PROGRAMS. (A) Purpose and Intent The purpose of this section is to provide for the implementation of the Oil & Grease Management Program and the Surcharge Program. The objective of the Oil & Grease Management Program is to minimize the introduction of fat-soluble wastes to the collection system. The objective of the Surcharge Program is to recover the costs from users for receiving and treating abnormally high strength compatible wastes, such as CBOD and TSS. (B) Oil & Grease Prevention Pro_re'am (1) The discharge by a user to the Public Sewer of certain liquids or wastes is prohibited unless authorized under the provisions of this section. (2) Wastes, which contain oil and ~ease, may be discharged to the Public Sewer in accordance with the conditions set forth in this section. (3) Wastes containing oil and ~ease. including materials processed through ~t, arbage grinders, shall be directed to a grease interceptor or trap. (4) Wastes containing residual (trace amounts) petroleum based oil and grease shall be directed to an oil/water separator. (5) Sanitary facilities and other similar fixtures shall not be connected or discharged to an oil and grease interceptor or an oil/water separator. (6) Liquid wastes shall be discharged to an oil and grease interceptor or oil/water separator through the inlet pipe only and in accordance with the design/operating specifications of the device. (7) Oil and grease interceptors and off/water separators shall be installed in a location that provides easy access at all times for inspections, cleaning and proper maintenance, including pumping. (8) Minimum removal efficiency for oil and grease interceptors for animal fats and vegetable oils shall be eighty (80%) percent. Minimum removal efficiency for oil/water separators for trace petroleum based wastes shall be ninety (90%) percent. 30 Ord. No. 4-02 (9) The Director may request that the non-residential user provides documentation on the design and performance of the oil and grease interceptor or off/water separator, including but not limited to, catalog cuts, performance data, materials of construction, installation instructions and operation and maintenance manual. (10) The Director at his/her discretion may assign a non-residential user to the Surcharge Pro,am if, in his opinion, discharges from the non-residential connection will have a negative impact on the Treatment Works. (C) Desi~ (1) Off and grease interceptors and off/water separators shall be designed and constructed in accordance with this Section, the City's Enk~neering Standards Manual, latest edition, and other applicable State and local regulations. Des'Lgn and construction shall be approved by the City. (2) The design of off/water separators shall be based on peak flow and where applicable. capable of treating and removing emulsions. Oil/water separators shall be sized to allow efficient removal (retention) of the petroleum-based oils and grease from the user's discharge to the Public Sewer. (3) Alternative off and grease removal devices or technologies shall be subject to written approval by the City and shall be based on demonstrated (proven) removal efficiencies. Under-the-sink off and grease interceptors are prohibited for new facilities. (4) An adequate number of inspection and monitoring points, such as a control manhole or inspection box. shall be provided. 02)) The capacity of the approved off and grease interceptor and off/water separator shall be in accordance with the requirements set forth in the latest edition of the Engqneering Standards Manual. The Director may modify the requirements on a case by case basis. Maintenance (1) Cleaning and maintenance shall be performed by the user. Cleaning shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids. (2) Decanting, back flushing or discharging of removed wastes back into the off and ~ease interceptor of off/water separator from which the waste was removed or any other oil and ~ease interceptor or off/water separator, for the purpose of reducing the volume to be hauled and disposed is prohibited. (3) Off and ~ease interceptors and off/water separators shall be pumped out completely at a minimum frequency of once every ninety (90) days, or more frequently as needed to prevent carry over of 31 Ord. No. 4-02 oil and ~ease into the collection system. Under-the-sink oil and ~ease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary to prevent pass through of ~ease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and outlets. (4) Pumping frequency shall be determined by the City based on flows, quantity of oil and ~ease in the discharge, volume of business, hours of operations and seasonal variations. However, in no event shall the time frame between the pumping of the oil/water interceptor or oil/water separator exceed 90 days. The user shall be responsible for maintaining the oil and ~ease interceptor or oil/water separator in a satisfactory condition for efficient operation. An interceptor shall be considered to be out of compliance if the grease layer on top exceeds six (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate less than eighty (80%) percent. (5) Wastes removed from each oil and ~ease interceptor or oil/waste separator shall be disposed of at a facility permitted to receive such wastes or a location designated by the City. for such purposes, in accordance with the provisions of this section. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment plants, without prior written approval from the Director. (6) Additives placed into the oil and ~ease interceptor. (oil/water separatofl or building discharge line on a constant, regular or scheduled basis shall be reported to the City in writing at least five (5) days prior to use. Such additives include, but are not limited to, emulsifiers, enzymes, commercially available bacteria or other additives designed to absorb, purge, consume, treat or otherwise eliminate grease and oils. Any use of additives shall be approved in writing by the Director prior to introduction into the waste stream, interceptor or separator. The use of additives, shall, in no way be considered as a substitution for the maintenance procedures required herein. (F) Facility information (1) A log of pumping activities shall be maintained by the user for the previous twelve (12) months. The log of pumping activities shall be posted in a conspicuous location for mediate access by City personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's sisnature. The user shall report pumping activities within forty-eight (48) hours to the City on the oil and grease into the collection system. Under-the-sink oil and grease traps shall be cleaned at a minimum frequency of once per week, or more often as necessary, to prevent pass through of grease and other food solids to the collection system. Cleaning and maintenance shall include removal of materials from the tank walls, baffles, cross pipes, inlets and outlets. (4) Pumping frequency shall be determined by the City based on flows, quantity of oil and grease in the discharge, volume of business, hours of operations and seasonal variations. However, in .no event shall the time frame between the pumping of the oil/water interceptor or oil/water separator exceed 90 days. The user shall be responsible for maintaining, the oil and grease interceptor o.r oil/water separator in a satisfactory condition for efficient operation. An interceptor shall be considered to be out of compliance if the ~ease layer on top exceeds s. ix (6) inches and the solids layer on the bottom exceeds twelve (12) inches or if removal efficiencies as determined through sampling and analysis indicate less than eighty (80%) percent. (5) Wastes removed from each oil and grease interceptor or oil/waste sep~at0r shall be. disposed of at a facility permitted to receive such wastes or a location designated by the City for such purposes, in accordance with the provisions of this section. In no way shall the pumpage be returned to any private or public portion of the collection system or the treatment plants, without prior written approval from t,h¢ Director. (6) Additives placed into the oil and grease interceptor, (oil/water separator) or building discharge line on a constant, regular or scheduled basis shall be reported to the City in. writing at least five (5) days prior to use. Such additives include, but are not limited to, emulsifiers, enzymes, commercially available bacteria or other additives designed to absorb, purge, consume, treat or otherwise eliminate greas, e and 0ils. Any use of additives shall be approved in writing by the Director prior to introduction into the waste stream, interceptor or separator. The use of additives, shall, in no way be considered as a substitution for the maintenance procedures required herein. Facility. infommtion (1) A log of pumping activities shall be maintained by the user for the previous Bvelv¢ (12) months. The log of pumping activities shall be posted in a conspicuous location for mediate access by City personnel. The log shall include the date, time, volume pumped, hauler's name and license number and hauler's signature. The user shall report pumping activities within forty-eight (48) hours to the City on the form so designated by the City for such purposes. (2) The user shall maintain a file on site of the records and other documents pertaining to the facility's oil and grease interceptor or oil/water separator. Required file contents shall include, as a minimum, the record (as-built) drawings, record of inspections, log of pumping activities and receipts, log of maintenance activities, hauler information, disposal information and monitoring data. The file shall be available at all times for inspection and review by the Director. (G) Enforcement and Noncompliance 32 Ord. No. 4-02 (1) Noncompliance with the requirements of .this section may result in enforcement action by the City including, but not limited to, t. ermination of water service. (2) The user shall pay all outstanding fees, penalties and other utility, charges prior to reinstatement of water and sewer service. O) Any user in the oil and grease management pm_ex'am found in vi01afi0n of the provisions in this section, and any orders, rules, regulations and permits that are issued pursuant to the Chapter, shall be served by the City with written notice by personal delivery or by registered or certified mail that states the nature of the violation and providing a reasonable time limit for satisfactory correction of the violation. The affected user shall permanently cease all violations within the time period specified in the notice. Section 16. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.060, "Compliance", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.060 COMPLIANCE. (A) Industrial users shall provide necessary wastewater treatment as required to comply with this chapter and shall achieve compliance with all national categorical pretreatment standards within the time limitations as specified by the federal pretreatment regulations and as required by the City. Industrial users with integrated facilities shall comply with any alternative discharge limits as set by the City. Any facilities required to pretreat wastewater to a level acceptable to the City shall be provided, operated, and maintained solely at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the City for review at the request of the City. The review of those plans and operating procedures will in no way relieve the user from the responsibility of modifTing the facility as necessary to produce an effluent acceptable to the City under the provisions of this chapter. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to the City prior to the user's initiation of the changes. (B) All records relating to compliance with pretreatment standards shall be available to officials of the City, the P©~Yd Board, EPA, or FDEP upon request. Section 17. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.063, "Excessive Discharge/Water Meter Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Secti0n 53.063 EXCESSIVE DISCHARGE/WATER METER REQUIREMENTS. (A) All users are prohibited from increasing the use of process water or, in any way, attempting to 33 Ord. No. 4-02 dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the national categorical pretreatment standards, alternative discharge limits, or in any other pollutant-specific limitation developed by the City or state. 03) All categorical and significant industrial users are required to possess their own individual water meter for purposes of monitoring the water consumption of that specific facility for any given time interval. At the discretion of the U'~...';fic: Director or his/her designee, any industrial or commercial user may be required to have a separate water meter to monitor the water consumption of that specific facility for any given time interval. The size requirements for a water meter will be based on known water consumption or the average of three similar industries or will be determined by the U'"?~ifics Director arbitrarily in the absence of available data. All costs related to the installation of the water meter shall be borne by the user for which it was intended at the prevailing rate. Section 18. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.064, "Prevention of Accidental Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.064 PREVENTION OF ACCIDENTAL DISCHARGES, (A) Where determined by the U<'...:.~ca Director, a user shall provide protection from accidental discharge of restricted and prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited and restricted materials shall be provided and maintained at the owner's expense. 03) Prevention of accidental discharges requires, but is not limited to, providing secondary containment for storage of potentially hazardous and/or regulated materials. The containment requirements are those now specified in, but not limited to, 40 CFR 264.170 through 176, (City of Delray Beach Code of Ordinances Wellfield Protection Ordinance 88-7 Section 5.01 through 5.04), Sections 96.40 through 96.47. Containment requirements must also meet or exceed the following criteria of this subchapter: (1) Containment Volume to be provided shall be 150% of the total stored material. (2) Total Above Ground Storage shall be less than 40,000 gallons. No one item larger than 6,000 gallons and no more than six (6) items at 6,000 gallons each are permitted at one site. (3) Storage Sheltering. All outdoor storage shall be sheltered from rainfall, or a suitable means of removing rainwater from secondary containment areas shall be provided. (4) Conditions of the Stored Vessel. All stored containers shall be maintained in sound condition. No mst, corrosion or other signs of deterioration of the primary containment wall shall be permitted. All stored containers shall be closed and sealed during storage. 34 Ord. No. 4-02 (5) Segregation of Chemically Reactive Contents. Materials which are potentially reactive with each other shall not be stored in the same containment area, unless physical barrier separations are provided within the common area. (6) Stand-by Materials/Equipment. Absorbents and pumps for pumping out spills shall be available when needed. (7) Design of Containment Floor/Base. The floor or base of the containment area on which the stored vessels rest shall either be sloped or raised or provided with a drain faucet to prevent or mimmize contact between the storage container wall and spilled content. (8) Materials of Construction for Containment. The walls, sidings and floor or base of the containment area shall be constructed of materials which are chemically inert with the stored materials and which render the provided containment volume leak proof. (C) On the request of the City, the user shall be required to submit detailed plans showing facilities and operating procedures to provide this protection. All required users shall complete this plan within ninety (90) days after notification by the City. If further required by the City, a user who commences contribution to the public sewers after the effective date of this chapter shall not be permitted to introduce pollutants into the system until accidental discharge procedures have been approved by the City. Review and approval of those plans and operating procedures shall not relieve the industrial user from the responsibility to modify the user's facility as necessary to meet the requirements. (12)) In the case of an accidental discharge, it is the responsibility of the user to immediately notify by telephone the T T.,.:'C.,.:~,... ,...~,-,,..,., Director, the Executive Director ..~^c .t.~.....rvraw~ ._...., and the ~r~a-~v~. ---~ .. City. The notification shall include location of discharge, type of material, concentration and volume, and corrective actions. Section 19. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.065, "Written Report Required Describing Cause of Discharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.065 WRITTEN REPORT REQUIRED DESCRIBING CAUSE OF DISCHARGE. Within five (5) days following an accidental discharge, the user shall submit to t~.c P©2DF/;nd the City a written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. The notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sanitary or storm sewer system, the P© ~DYd Treatment Works, fish kills, or any other damage to person or property; nor shall the notification relieve the user of any fines, civil penaltes, or other liability which may be imposed by this chapter or other applicable law. 35 Ord. No. 4-02 Section 20. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.067, "Notification of the Discharge of Hazardous Wastes", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53,067 NOTIFIC..ATION OF THE DISCHARGE OF HAZARDOUS WASTES. (A) All industrial users shall also have provisions for notifying the Executive Director of 'kc nrYraw,.~. -,, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities in writing of any discharge into the City sewer system of a substance which is a listed or characteristic waste under Section 3001 of RCRA or 40 CFR Part 261. Such notification must include a description of any such wastes discharged, specifying the volume and concentration of such wastes and the type of discharge (continuous, batch, or other), identifying the hazardous constituents contained in the listed wastes, and estimating the volume of hazardous wastes expected to be discharged during the following twelve months. This requirement shall not apply to pollutants already reported under the self-monitoring requirements. 03) Dischargers to the sanitary sewer system are exempt from notification requirements during a calendar month in which they generate no more than one hundred (100) kilograms of hazardous wastes, unless the wastes are acute hazardous wastes which requires a one-time notification. Subsequent months during which the industrial user generates more than one hundred (100) kilograms of hazardous waste do not require additional notification, except for the acute hazardous wastes specified in 40 CFR 261.5(e), (0, (g) and 0). (C) In the case of new regulations under Section 3001 of RCRA identifying additional characteristics of hazardous waste or listing any additional substance as a hazardous waste, the industrial user must notify the U~"Ac3 Director of the discharge of such substance within ninety (90) days of the effective date of such regulations, except for the exemphon in paragraph 03) of this section. (I2)) In the case of any notification made under this section, the industrial user shall certify that it has a program in place to reduce the volume and toxidty of wastes generated to the degree it has determined to be economically practicable and that it has selected the method of treatment, storage, or disposal currendy available which minimizes the present and future threat to human health and the environment. Section 21. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.080, "Compliance Date Report", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.080 COMPLIANCE DATE REPORT. Within thirty 0O) days following the date for final compliance with applicable pretreatment standards or, in the case of a new source, following commencement of the introduction of wastewater into the public/sanitary sewer system, the user shall submit to the U~M/~:dc3 Director, a monitoring report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by 36 Ord. No. 4-02 pretreatment standards and requirements and the average and maximum daily flow for these process units in the user facility which are limited by those pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards and requirements are being met on a consistent basis and, if not, what additional pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements. All monitoring analytical results must be submitted to the City within 45 days of sample collection. This statement shall be signed by a registered professional engineer authorized to act on behalf of the user. ~ection 22. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.081, "Periodic Compliance Reports", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.081 PERIODIC CO~.a. PLLMXICE P. EPORTS REPORTING REQUIREMENTS. (A) Periodic Compliance Reports. Each significant industrial user or permittee,...-- u_..u,...,~., shall submit to the City during the months of May and November, unless required more frequently in the pretreatment standards or by the City, a report indicating the nature and concentration of pollutants in the effluent which are limited by those pretreatment standards or this chapter. In addition, this report shall include a record of daily water consumpnon which, during the reporting period, exceeded the average daily water consumption reported in the submission information. At the discretion of the City and in consideration of such factors as local high or low flow rates, holidays, budget cycles, and the like, the City may agree to alter the months during which the above reports are to be submitted. The user shall be responsible to quantify that fraction of daily water consumption designated for discharge to the sanitary sewer, if different from the total water consumption. (t3) Reports of Changed Conditions. Each user must notify the City of any planned significant changes to the user's operations or system which might alter the nature, quality, or volume of its wastewater at least 30 days before the change. (1) The Director may require the user to submit, such information as may be deemed necessary to evaluate the changed condition, including the submission under Section 53.101 (A). (2) The Director may issue a wastewater discharge permit under Section 53.102 of this ordinance or modify an existing wastewater discharge permit under Section 53.102 of this ordinance in response to changed conditions or anticipated changed conditions. (3) For purposes of this reqmr.' ement, significant changes include, but are not limited to, flow 20% percent or greater, and the discharge of any previously unreported pollutants. (C) Reports of Potential Problems. 37 Ord. No. 4-02 (1) In the case of any discharge, including, but not limited to, accidental dischar~s, discharges of a nonroutine, episodic nature, a no.ncustomary batch discharge, or a slug load. that may cause potential problems for the Treatment Works, the user shall immediately telephone and notify the City of the incident. This notification shall include the location of the discharge, type of waste, concentration and volume, if known, and corrective actions taken by the user. (2) Within five (5) days following such discharge, the user shall, unless waived in writing by the Director, submit a detailed written report describing the cause(s) of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such nottficafion shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the Treatment Works, natural resources, or any other damage to person or property; nor shall such notification relieve the user of any fines, penalties, or other liability which may be imposed pursuant to this ordinance. (3) A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a discha~e described in paragraph (1). above. User shall ensure that all employees who may cause such a discharge to occur are advised of the ,emergency notification procedure. (D) Report from Unpemaitted Users. (1) All users not required to obtain a wastewater discharge permit shall provide reports to the City timed to coincide with the facility pumping schedule and containing information as described in Section 53.057(F). (E) Timing. (1) Written reports shall be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal Service, the date of receipt of the report shall govern. Section 23. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.082, "Inspection and Sampling", of the Code of Ordinances of the City of De[ray Beach, Florida, is hereby amended to read as follows: Section 53.082 INSPECTION AND SAMPLING. (A) The City, through its employees, is authorized to inspect the facilities of any user to ascertain whether all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the City or its representative ready access at all times to all parts of the premises for the purposes of inspection, sampling, records examination, records copying, or in the performance of their duties. The City, ~ Board, FDEP, and EPA shall have the right to set up on the user's property such devices as are necessary to conduct sampling inspection, compliance monitoring, or 38 Ord. No. 4-02 metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the City, P©2DW Board, FDEP and EPA will Be permitted to enter, without delay, for the purposes of performing their specific responsibilities. (13) Administrative Inspection Warrants. If the City has been refused access to a building. structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety., and welfare of the community, then the City may seek issuance of an inspection warrant pursuant to Sections 933.21-933.26, Florida Statutes, from the Palm Beach County Court. Section 24. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.083, "Information and Data to be Made Available", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.083 INFORMATION AND DATA TO BE MADE AVMLABLE. Information and data on a user obtained from reports, surveys, wastewater discharge permit application, wastewater discha~e permits, and monitoring programs, and from City. inspection and sampling activities, shall be available to the public without restricuons, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulue information, process, or methods of production entitled to protection as trade secrets under applicable State law. When requested by the user furnishing a report whtch has been demonstrated to the satisfaction of the Director tO disclose trade secrets or secret processes, the report shall not be made available for inspection by the Public, but shall be made available immediately upon request to governmental agencies for uses related to the NPDES pro.am or pretreatment pro.am, and in enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302 will not be recognized as confidential information and will be made available to the public without restriction. Section 25. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.084, "Analytical Requirements", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: 39 Ord. No. 4-02 Section 53.084 ANALYTICAL REQUIREMENTS. All pollutant analyses, including sampling techniqu.e.s, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136, unless otherwise specified in an applicable categorical pretreatment standard. If 40 CFR Part 136 does not contain sampling or analyhcal techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by EPA. Section 26. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.085, "Sample Collection", of the Code of Ordinances of the City of De[ray Beach, Florida, is hereby enacted to read as follows: Section $3.05~ SAMPLE COIJ.ECTION. (A) Except as indicated in Subsection (B). below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is not feasible. the Director may authorize, in writing, the use of time proportional sampling or a minimum of four (4) samples where the us.er demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be required to show compliance with instantaneous discharge limits. CB) Samples for oil and ~ease. temperature, pH, cyanide, phenols, sulfides, and vohtile organic compounds must be obtained using ~ab collection techniques. Section 27. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.100, "Specie! Permit Required;Term", of the Code of Ordinances of the City of De[ray Beach, Florida, is hereby repealed and Section 53.100 "Permit Requirements" is hereby enacted to read as follows: Section 53,100 PERMIT REQUIREMENTS. 40 Ord. No. 4-02 (A) Wastewater Analysis. When requested by the City, a user must submit information on the nature and characteristics of its wastewater within 60 days of the request. The Director is authorized to prepare a form for this purpose and may periodically require users to update this informatio, n. 03) Wastewater Discharge Permit Requirement. (1) No significant industrial user shall discharge wastewater into the Treatment Works without first obtaining a wastewater discharge permit from the City, except that a significant industrial user that has filed a timely application pursuant to Subsection (C) of this Section may continue to discharge for the time period spedfied therein. (2) The City may require other users to obtain wastewater discharge permits as necessary. to carry out the purposes of this ordinance. (3) . Any violation of the terms and conditions of a waste water discharge permit shall be deemed a violation of this ordinance and subjects the wastewater discharge permittee to the sanctions set out in Section 53.999 of this ordinance and the City's Enforcement Response Plan. Obtaining a wastewater discha~e permit does not relieve a permittee of its obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law. (.C) Wastewater Discharge Permitting; Existing Connections. Any user required to obtain a wastewater discharge permit who was discharging wastewater into the Treatment Works prior to the effective date of Ordinance No. 4-02 and who wishes to continue such discharges in the future, shall, within 30 days after said date, apply to the City for a wastewater discharge permit in accordance with Section 53.101 of this ordinance, and shall not cause or allow discharges to the Treatment Works to continue after 30 days following the effective date of Ordinance 4-02 except in accordance with a wastewater discharge permit issued by the City. OD) Wastewater Discharge Permitting; New Connections. Any user required to obtain a wastewater discharge permit who proposes to begin or recommence discharging into the Treatment Works must obtain such permit prior to the beginning or recommencing of such discharge. An application for this wastewater discharge permit, in accordance with Section 53.101 of this ordinance, must be filed at least 30 days prior to the date upon which any discharge will begin or recommence. Section28. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.101, "Application for Permits", of the Code of Ordinances of the City of De[ray Beach, Florida, is hereby repealed and Section 53.101 "Permit Applications" is hereby enacted to read as follows: 41 Ord. No. 4-02 Section 5.,t,101 PERMIT APPLICATION. {A) Contents of Application. All users required to obtain a wastewater discharge permit must submit a permit application. Incomplete or inaccurate applications will not be processed and will be returned to the user for revision, The Director may require all users to submit as part of an application the following information: (1) All information required by Section 53.080 of this ordinance; 42 Ord. No. 4-02 (2) Description of activities, facilities, and plant processes on the premises, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be discharged to the Treatment Works; operation: (3) Number and type of employees, hours of operation, and proposed or actual hours of (4) (5) (6) Each product produced by .type, amount, process or processes, and rate of production; Type and amount of raw materials processed (average and maximum per day); Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drains, and appurtenances by size, location, and elevation, and all points of discharge: Time and duration of discharges: and (8) Any other information as may be deemed necessary by the Director to evaluate the wastewater discharge permit application. 03) Application Si~tmatories and Certification. All wastewater discharge permit applications and user reports must be signed by an authorized representative of the user and contain the following certification statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system desired to assure that qualified personnel properly ~ther and evaluate the information submitted. Based on my inquiry of the person or persons, who mana~ the system, information submitted is, to the best of my knowledge and belief, true. accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (C) Wastewater Discharge Permit Decisions. The City will evaluate the data furnished by the user and may require additional information. Within 30 days of receipt of a complete wastewater discharge permit application, the City will determine whether or not to issue a wastewater discharge permit. The City may deny any application for a wastewater discharge permit if it is determined that the anticipated discharges from the facility will have a n%aative impact on the Treatment Works. Section 29. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.102, "Permit Administration", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: 43 Ord. No. 4-02 Section $$,102 PERMIT ADMINISTRATION. (A) Wastewater Dischar~ Permit Duration. A wastewater discharge permit shall be issued for a specified time period, not to exceed five (5) years from the effective date of the permit. A wastewater discharge permit may be issued for a period less than five (5) years, at the discretion of the Director. Each wastewater discharge permit will indicate a specific date upon which it will expire. (B) Wastewater Dischar~ Permit Contents. A wastewater discharge permit shall include such conditions as are deemed reasonably necessary by the Director to prevent Pass Through or Interference, protect the quality of the water body receiving the treatment plant's effluent, and protect against damage to the Treatment Works. (1) Wastewater dischar~ permits must contain: (a) A statement that indicates wastewater discharge permit duration, which in no event shall exceed five (5) years. (b) A statement that the wastewater discharge permit is nontransferable without prior notification to the City in accordance with Subsection 02)) of this Section, and provisions for furnishing the new owner or operator with a copy of the existing wastewater discharge permit; (c) Effluent limits based on applicable pretreatment standards; (d) Self-monitoring, sampling, reporting, notification, and record-keeping requirements. These requirements shall include an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on Federal, State, and local law; and (e) A statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements, and any applicable compliance schedule. Such schedule may not extend the time for compliance beyond that required by applicable Federal, State, or local law. conditions: (2) Wastewater discharge permits may contain, but need not be limited to. the following (a) Limits on the average and/or maximum rate of discharge, time of dischar~. and/or requirements for flow regxflafion and equalization; (b) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works; 44 Ord. No. 4-02 (c) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary, to adequately prevent accidental, unanticipated, or non routine discharges: Development and implementation of waste minimization plans to reduce the amount of pollutants discharged to the Treatment Works; (e) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the Treatment Works; facilities and equipment: Requirements for installation and maintenance of inspection and sampling A statement that compliance with the wastewater discharge permit does not relieve the permittee of responsibility for compliance with all applicable Federal and State pretxeatment standards, including those which become effective during the term of the wastewater discharge permit; and (h) Other conditions as deemed appropriate by the Director to ensure compliance with this Chapter, and State and Federal laws, rules, and regulations. (C) Wastewater Discharge Permit Modification. The Director may modify a wastewater discharge permit for good cause, including, but not lirmted to, the following reasons: (1) requirements; To incorporate any new or revised Federal, State, or Local pretreatment standards or (2) To address significant alterations or additions to the user's operation, process, or wastewater volume or character since the time of wastewater discharge permit issuance; (3) A change in the Treatment Works that requires either a temporary, or permanent reduction or elirninafion of the authorized discharge; (4) Information indicating that the permitted discharge poses a threat to the Treatment Works, City. personnel, or the receiving waters; (5) Violation of any terms or conditions of the wastewater discharge permit; (6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application or in any required reporting: 45 Ord. No. 4-02 to 40 CFR 403.13; Revisions of or a ~ant of variance from categorical pretreatment standards pursuant (8) To correct typographical or others errors in the wastewater discharge permit; or (9) To reflect a transfer of the facility ownership to a new owner or operator. (D) Wastewater Dischar~ Permit Transfer. Wastewater discharge permits may be transferred to a new owner or operator only if the permittee ~ves at least 30 days advance notice to the City and the Director approves the wastewater discharge permit transfer. Failure to provide advance notice of a transfer renders the wastewater discharge permit void as of the date of facility transfer. The notice to the City must include a written certification by the new owner or operator which: (1) States that the new owner or operator, or both, has no immediate intent to change the facility's operations and processes: (2) Identifies the specific dates on which the transfer is to occur; and 0) Acknowledge~ s full responsibility for complying with the existing wastewater discharge permit. Wastewater Discharge Permit Reissuance. A user with an expiring wastewater discharge permit shall apply for wastewater discharge permit reissuance by submitting a complete permit application, in accordance with Section 53.101 of this Code, a minimum of 30 days prior to the expiration of the user's existing wastewater discharge permit. Section 30. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.130 USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SUR(;HARGE. (A) There is imposed upon the owners or upon the users of each retail and wholesale customer served by the sewer system, a monthly user charge for the use thereof as follows: (1) Sewer Rates. A charge for waste resulting from human occupancy which shall include all of the following factors for the operation of the collection system and treatment of wastewater by the regional wastewater facility: (a) (b) Operation and maintenance Debt service 46 Ord. No. 4-02 (c) Capital costs (d) System expansion (e) Others as applicable Consult Utility Billing for the prevailing rates expressed as $/1,000 gallons of water consumption. (2) Sewer Surcharge. A surcharge for waste which exceeds parameters for strength established in this code may be assessed to applicable customers, pursuant to Section 53.130(G). (13) Connection Charges. (1) In addition to the rates set forth in Section 54.130(I3), there is established a sewer connection charge for each connection to the City sewage collection system. The sewer connection charge shall be $1,084 for each separate residential unit or per Equivalent Residential Connection for non-residential units. A residential dwelling unit is defined in Section 53.004. (2) Connection charges by users of the City sewage system wholly outside the corporate limits of the City are fixed at sums equal to the rates shown in the above schedule in division (A) of this section, plus twenty-five percent (25%) of each respective classification. The connection charge shall be paid to the City at the time of obtaining a permit for a connection and shall be in addition to the permit fee. The size of the connection shall be determined by the Plumbing Inspector in accordance with Articles 7.6 and 7.7 of the Land Development Regulations. (C) There shall be a non-residential sewer connection charge which shall be based on $1,084 per Equivalent Residential Connection (E.R.C.). Equivalent Residential Connection shall be calculated as follows: Estimated Flow in Gallons Per Month E.R.C. Units = 7,000 Where an estimated flow is not available, the following formula shall be used with reference to the Standard Plumbing Code adopted by reference in Article 7.6 of the Land Development Regulations. Total Fixture Units E.R.C. Units = 16 (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned scwcragc sewage system, according to the following schedule: Residential Inside City Outside City (a) Customer charge $ 1.61 $ 2.01 47 Ord. No. 4-02 (b) Capacity charge (per residential dwelling unit) (c) Commodity charge (based on metered water with maximum of 12,000 gallons) city (per 1,000 ganons) 9.65 1.17 12.06 1.46 South Central Regional Wastewater Treatment And Disposal Board (per 1,000 gallons) 0.70 0.88 NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial ~_mJt$. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned uc-,;'cragc sewage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Customer charge $ 1.61 $ 2.01 (b) Capacity charge (per meter) 3/4-inch meter $ 9.65 $12.06 1-inch meter 16.11 20.14 1-1/2 inch meter 32.11 40.14 2-inch meter 51.40 64.25 3-inch meter 112.52 140.65 4-inch meter 202.47 253.09 6-inch meter 449.98 562.48 8-inch meter 772.00 965.00 lO-inch meter 1,222.37 1,527.96 (c) Commodity charge 48 Ord. No. 4-02 City (per 1,000 gallons) 1.17 1.46 South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) 0.70 0.88 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3) gewemge Sewage flow determination. The number of gallons of monthly sc-,;'cragc sewage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual scwczagc sewage flow from the subject unit. A separate meter may be used to measure actual scwczagc sewage flow for the calculatmn of charges only when the location, installation, and type of meter have been approved by the City Manager or his/her designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. (E) No sewer service shah be furnished or rendered free of charge to any person whomsoever, and the City, county, state, and the United States of America, and every agency, depazunent~ and instrumentality thereof, except where the City Water and Sewer Fund is the user, which uses any sewer service from the 3cwcragc sewage system, shall pay therefore at the rate fixed herein. Wholesale Sewer Rates. (1) This section is applicable to those wholesale customers which maintain their own wastewater collection systems. They shall be charged a flat rate per 1,000 gallons, the quantity of which shall be determined by the metering of the wastewater discharge from each wholesale customer's indivqdual wastewater collection system. 49 Ord. No. 4-02 (2) The metering device shall be satisfactory to the City and shall provide for a separate remote 30-day recording device which shall have a totalizer. Location of the metering device shall be at an accessible location as agreed upon by the parties involved and as further explained and stipulated in an agreement to be executed by both parties. (3) All costs incident to the furnishing, installation, initial calibration, and maintenance on a continuing basis of the meter, are and shall be, the wholesale customer's responsibility. The wholesale customer will provide to the City or its designated representative full details on the proposed meter installation and assurance that the installation will commence only upon the written authorization of the City. The City shall provide an authorization within ten (10) days after receipt by the City of the details of the above proposed meter installation. (4) The meter shall be read monthly by a duly authorized agent of the City, and the wholesale customer shall provide access to the meter for this purpose. In the event of suspected inaccuracy in meter readings, the City shall have the right to request that the meter be tested by an independent organization in accordance with standard practices. If the meter shall be found inaccurate or defective, the cost of the meter test shall be borne by the wholesale customer. If the meter shall be found to be accurate and in good condition, the cost of the meter test shall be borne by the City. (5) In the event of extenuating circumstances, the Commission may, at its discretion, direct that sufficient proof other than the installation of a metering device may be acceptable to determine the quantity of wastewater discharge. (G) Calculation of Sewer Surcharge (1) Calculation of the sewer surcharge shall be in accordance with the following: LOCAL LIMITS (ALLOWABLE STRENGTH ) REFERENCE AT SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD. Parameter BOD-& 41 TSS 15 Ammonia 41 COD 41 Oil/Grease 41 Percent of Effect on Costs Allowable Level of Sewa~ Strength 220 500 mg/1 (ppm) ! 75 $00 rog/1 (ppm) ~0 100 mg/1 (ppm) ~,40 1000 mg/1 (ppm) I~'Y~ 250 mg/l (ppm) Let: F = F1 + F2 + F3 + F4 Where: F1 = F2 = The factor to multiply the sewer rate for a surcharge due to excess strengths The strength factor for BOD4 or COD, whichever is higher. The strength factor for TSS (total suspended solids) 50 Ord. No. 4-02 F3 = The strength factor for ammonia (total ammonia) F4 = The strength factor for oil/grease. (2) The surcharge will be added to the sewer .,t.. commodity charge to develop the monthly cost per customer. As an example of sewer charge calculations utilizing sewer zatc commodity char~ and the strength surcharge formula, assume the following with respect to Ajax Manufacturing Company: total monthly flow of 100,000 gallons; C.O.D. of 4-7-5 1,200 mg/1; B.O.D.-4 of SOO 1,000 mg/1; total suspended solidso~-c nnn,,,,, 2,000 mg/1 ,' ammonia at 4,,,,,nn 200 mg/l; oil/grease at ,.,,v"nn 500 mg/1; prevailing monthly sewer .... commodity charee is ~:~ -m 1.97 per 1,000 gallons: (a) Sewer P. atc Commodity Charge: ,r, -m 197/month 1.97/1,000 gallons (100,000 gallons per month) = ,,.,. (b) Sewer Surcharge Calculation: 500 0.41 (1.200 - 500) = 0.57 500 0.15 (2.000- 500) = 0.45 F3 = n A 4. n'~ Km = n A .~0 100 0.41 (200-100) = 0.41 F4 = n a4 /~nn 4nnx -- 9. a. 1 0.41 (500-250) = 0.41 250 0.57 + 0,45 + 0,41 + 0.41 = 1.84 (c) Total Monthly Charge (Sewer Rate Commodity Charge plus Surcharge): ¢4-m 197/month ~ (1.84) = ¢e.n oa $559.48 ¢4'm 197/month + e,,, , ...... ak'at'~ (I-t) All statements for sewer service shall be submitted monthly on the same statement as the charges for water service and shall be due and payable at the same time as the statement for water service. However, the charge for sewer service shall be made a separate item on the statement. Initial and final billing shall be prorated based on service dates. Nonpayment of these charges shall render the user subject to the provisions of Section 52.51 provided for nonpayment of water bills as now or hereafter established by the ordinances of this City. The owner of the property being serviced by City sewer shall be responsible for all charges against that property for sewer use, unless otherwise prohibited by law. Charges for delinquent 51 Ord. No. 4-02 accounts shall include collection costs and reasonable attorney fees. Section 31. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.140, "Right to Enter Premises and Obtain Information Concerning Discharges", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.140 RIGHT TO ENTER PREMISES AND OBTAIN INFORMATION CONCERNING DISCHARGES. (A) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P©~?d Board beating proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The official or his representatives will not inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. 03) To the extent permitted by general law, the proper official and other duly authorized employees of the City or the P© ~'DW Board beating proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within that easement. Section 32. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.141, "Suspension of Wastewater Treatment Service; Notice to Stop Discharge; Failure to Comply", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.141 SUSPENSION OF WASTEWATER TREATMENT SERVICE; NOTICE TO STOP DISCHARGE; FAILURE TO COMPLY. (A) The City may suspend the wastewater treatment service to any user, including other local governments, when the suspension is necessary, in the opinion of the U'"~Utic: Director, in order to stop an actual or threatened violation which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes interference to the P© ~'D.vd Treatment Works, causes the P©~'DW Treatment Works to violate any condition of its NPDES permit, or causes the City to be in violation of any of its agreements with the P©2-a~vd Board. 03) Any user notified of a suspension of the wastewater treatment service shall mediately stop or eliminate the contribution. In the event the user fails to voluntarily comply with the suspension order, the City shall take steps as deemed necessary, including mediate severance of the sewer connection, to prevent or minimize damage to the City or wr~n-xw~ ._.~ v. ~o~..~o ........ Treatment Works or endangerment to any individuals. The City may reinstate the wastewater treatment service upon proof of the elimination of the noncomplying 52 Ord. No. 4-02 discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the City within fifteen (15) days from the date of occurrence. Section 33. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.150, "Notification of Violations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.150 NOTIFICATION OF VIOLATIONS: CONSENT ORDERS_. (A) Notification of Violation. Whenever the City finds that any user has violated or is violating any of the provisions of this chapter, or any prohibition, limitation or requirement contained herein, or any regulation promulgated by the City pursuant to this chapter, the City may serve upon that user a written notice stating the nature of the violation. Within thirty 00) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the notified user. 03) Consent Orders. The City may enter into Consent Orders, assurances of voluntary. compliance, or other similar documents establishing an a~eement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 53.15202)) of this ordinance and shall be judicially enforceable. Section34. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.155, "Affirmative Defenses to Discharge Violation", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby enacted to read as follows: Section 53.155 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATION. (A) Upset. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (1) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements below are met. (2) A user who wishes to establish the affirmative defense of upset shall demonstrate. through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and the user can identify the cause(s) of the upset: 53 Ord. No. 4-02 (b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and (c) The user has submitted the following information to the City within twenty- four (24) hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five (5) days: 1. A description of the indirect discharge and cause of noncompliance; 2. The period of noncompliance, including exact dates and time or. if not corrected, the anticipated time the noncompliance is expected to continue; and recurrence of the noncompliance. Steps being taken and/or planned to reduce, eliminate, and prevent In any enforcement proceeding, the user seeking to establish the occurrence of an upset ~hall have the burden of proof. (e) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. The requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost. or fails. (B) Bypass. For the purpose of this section, "Bypass" means the intentional diversion of waste streams from any portion of a user's treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (1) Bypass is expressly prohibited unless specifically authorized by conditions stated in this section. The City may take enforcement action against a user for a bypass, unless: Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage (b) There were no feasible akematives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and 54 Ord. No. 4-02 (c) The user submitted notices as required under paragraph 03)(3) of this section. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph 03)(1) of this section. (3) Requirements for bypass authorization: (a) A user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of paragraphs (1) and (2) of this section. (b) If a user knows in advance of the need for a bypass, it shall submit prior notice to the City, at least ten (10) days before the date of the bypass, if possible. (c) A user shall submit oral notice to the City of an unanticipated bypass that exceeds applicable pretreatment standards within twenty-four (24) hours from the time it becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the user becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The City may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours. Section 35. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.152, "Show Cause Hearing", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.152 SHOW CAUSE HEARING. (A) Any user subject to enforcement action under the provisions of this chapter may request a heating before the Director c,f En'rizc, r~'ncn'A~,,l Scz-;icc: within ten (10) days of receipt of notification of proposed enforcement action. The imposition of a surcharge is not considered an enforcement action. A Dzrector .......................... concerning the violation, the reasons why the hearing is to be held by the ' action is to be taken, the proposed enforcement action, and directing the user to show cause before the Director c.f En-::..-c.r~ncnta! Scz-;icc: why the proposed enforcement action should not be taken. 03) The Director of En-c:,zcx'~'ncntal Scr?.cc: may conduct the hearing and take the evidence, or, at the Director's sole discretion, may designate any officer, City employee, or independent arbitrator to: (1) Issue in the name of the City notices of heating requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in that heating; 55 Ord. No. 4-02 hearing); (2) Take evidence and hear testimony (the strict rules of evidence shall not apply to any (3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendation to the Director c,f En-Z~zc, r~mcntal Scr-Acca for action thereon. (C) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded. A transcript of the heating will be made available to any member of the public or any party to the hearing upon payment of the usual charges. 02)) After the Director c,f En'.':~zc,:'~'ncn'A,2~ $cr'Acc: has reviewed the evidence, he may issue an order to the user responsible for the discharge directing that, following a specified me period, the sewer service be discontinued by the City unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, and that those devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. (E) The City shall also establish and assess against the user appropriate surcharges or fees to reimburse the City for the additional cost of operation and maintenance of the wastewater treatment works due to the violation of this chapter. (F) Any action by the Director _c r~__.: ........ ~ c~--' .... ............................ ay be appealed to the City Manager. Section 36. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.154, "Retention of Records Required", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.154 RETENTION OF RECORDS REQUIRED. All users are required to retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereto, relating to monitoring, sampling, waste hauling and chemical analyses made by or on behalf of a user in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the PO2DW Board or the City pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Section 37. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.500, "Enforcement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 56 Ord. No. 4-02 Section 53.500 ENFORCEMENT PLAN. An escalating enforcement strategy shall be used by the City to maintain compliance with this ordinance. The various types of enforcement action shall be used as determined by the Director oir Ea;~c, nmcntal Scrc:.cc3 in consultation with the Code Enforcement Division or the City Attorney depending on the type or severity of the violation. A copy of the enforcement plan will be kept on file at the P©,'i~,vd City. Section 38. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.999, "Penalties", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 53.999 PENALTIES. (A) Any user who is found to have violated an order of the City or who fails to comply with any provision of this chapter for which another penalty is not provided, and the orders, rules, and regulations issued hereunder, shall be penalized up to $1,000.00 per day for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover all reasonable attorney fees, court costs, court reporter fees, and other expenses of litigation by appropriate motions or suit at law against the user or person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder. (13) Any person who shall continue any violation beyond the time limit provided for in Section 53.150 shall be guilty of a violation, and on conviction thereof, shall be penalized in the amount not exceeding $5,000.00 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. (C) Within thirty (30) days of any and all violations, the user shall cause a sample of the discharge to be taken and laboratory analysis performed on said sample at their expense with the results to be provided to the Director _c r~__.: ........ ~ c~_.:~ The Director _c r~__.: ........ 1 c~-.:__~ may require further sampling at such times as deemed appropriate. (D) Whoever violates Section 53.151 of this chapter shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than sixty (60) days, or by both. Section39. That Chapter Six, "Infrastructure and Public Property", Section 6.1.11, "Sewer System", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 6.1.11 Sewer System: 57 Ord. No. 4-02 (A) Required: Sanitary sewers, properly connected with the City sewerage system shall be provided. In addition to mains, laterals shall be installed to each plotted lot and stubbed off at the property line for future connection. ......... y ............. ,'B (B) ln¢o _rporation by Reference: Chapter 53 of the Code of Ordinances of the City of Delray Beach, as it may be amended from time to time, is incorporated herein. 58 Ord. No. 4-02 59 Ord. No. 4-02 Section 40. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 41. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 42. reading. That this ordinance shall become effective upon its passage on second and final PASSE~~~40~D in regular session on second and final reading on this the /~ day of 2002. City Clerk MAYOR 60 Ord. No. 4-02 61 Ord. No. 4-02 100 AJ~IC)U~CEA4E~S LIGAL NOTlalS MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~t4 AGENDA ITEM - REGULAR MEETING OF FEBRUARY 19, 2002 ORDINANCE NO. 4-02 (CHAPTER 53, "SANITARY SEWERS") FEBRUARY 15, 2002 This is second reading and public hearing for Ordinance No. '4-02 which amends Chapter 53, "Sanitary Sewers", of the City's Code of Ordinances as a requirement of the Florida State Deparunent of Environmental Protection (DEP) to bring our code relating to Industrial Pretreatment and regulated sewage discharges into compliance with current requirements of Chapter 62-625, F.A.C. The majority of the proposed revisions conform to language provided in a model ordinance published by the United States Environmental Protection Agency (USEPA. The amendment also addresses the City's Land Development Regulations entitled "Sewer System", (pages 6119 through 6121). With the exception of the first paragraph of Section 6.1.11(A), the entire section is a restatement of various sections of Chapter 53 of the Code of Ordinances, in some cases verbatim. We handled similar overlapping issues in this manner last year during revisions of Chapter 52, "Water". The amendment to the Land Development Regulations was brought before the Planning & Zoning Board on January 28, 2002 and was approved by a vote of 7-0. On February 5m, the City Commission passed Ordinance No. 4-02 unanimously. Recommend approval of Ordinance No. 4-02 on second and final reading. RefiAgmemo21 Ord-0ZChapter 53. Samtaty Sewers.02 19 02 RECEIVED [lTV OF DELRR¥ BEREH JAN 2 9 2002 CITY MANAGER CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 Wnter's Direct L~ne 561/243-7091 MEMORANDUM DATE: January 29, 2002 TO: David Harden ~,~ty~r FROM: Brian Shutt, Assistant City Attorney SUBJECT: Revisions to Chapter 53 Attached please find the proposed memos to the City Commission as well as the latest draft of the ordinance. I have added several sections to the proposed ordinance as a result of some of the changes that were made to the definitions. Please call if you have any questions. cc: Susan Ruby, City Attorney [ITY DF DELRrlY BEIt[H CITY ATTORNEY'SOFFICE ~00 Nw ].st A¥~NUE · D~LR^¥ BEA~., FI'.ORTDA 3~444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: Writer's D~rect L~ne 561/243-7091 MEMORANDUM January 29,2002 TO: FROM: City Commission Brian Shutt, Assistant City Attorney SUBJECT: Revision of Chapter 53, Sanitary Sewers The proposed changes to Chapter 53, Sanitary Sewers, are necessary in order to comply with the requirements of the Department of Environmental Protection regarding industrial pretreatment and sewage discharges. The changes are further explained in the attached memo from Richard Hasko. The amendment to the Land Development Regulations was brought before the Planning & Zoning Board on January 28, 2002 and was approved by a vote of 7-0. By copy of this memo to David Harden, please place this item on the February 5, 2002 City Commission agenda. Please call if you have any questions. CC: David Harden, City Manager Barbara Garito, City Clerk Richard Hasko, Director of Environmental Services City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: DATE: www delrayesd com Brian Shutt, Assistant City Attorney /,~ ~ Richard C. Hasko, P.E., Environmental Services Director CODE REVISIONS, CHAPTER 53, SANITARY SEWERS January 29, 2002 Revisions to Chapter 53, Sanitary Sewers, of the City's Code of Ordinances are being proposed as a requirement of the Florida State Department of Environmental Protection (DEP) to bring our codes relating to Industrial Pretreatment and regulated sewage discharges into compliance with current requirements of Chapter 62-625, F.A.C. The majority of the proposed revisions conform to language provided in a model ordinance published by the United States Environmental Protection Agency (USEPA) and with which DEP compares municipal ordinances for compliance with state law. Proposed changes also address the revision of local limits for various chemicals, metals and organic substances that are introduced into the sewer system, as well as recognizing National Categorical Limits which are enforceable under Federal Law. The current table of local limits is included in the proposed revision, therefore, periodic revisions to the local limits will require an ordinance change. While we anticipate a potential reevaluation of the local limits in the next several months, they should only be reviewed every five years thereafter. Although we have been aware of the need for these ordinance revisions since 1998, we have delayed the revisions until now while awaiting the establishment of the local limits for sewer discharges to our system. In addition to required revisions as stated above, the entire chapter has been reviewed to ensure all Industrial Pretreatment requirements are addressed in terms of current best management practices and are adequately enforceable under the City Ordinance. Sections outlining Oil and Grease Management Programs and outdoor carwashing requirements have been added for this purpose. Section 53.025, Cost of Making Connection, has been revised with regard to the limit of the City's responsibility for providing sewer connections. Finally, the Chapter has been reviewed for clarity and readability resulting in modifications to some terminology such as changing the acronym POTW (Publicly Owned Treatment Works) to simply read Treatment Works. Our current time frame for compliance with DEP requires the proposed revisions to be considered for first reading at the February 5t~ Regular meeting and, absent any objections, second and final reading at the February 19t~ meeting. I have also taken this opportunity to compare the subject Ordinance with Section 6.1.11 of the City's Land Development Regulations entitled "Sewer System" (pages 6119 through 6121 of the LDRs). With the exception of the first paragraph of section 6.1.II(A), the entire section is a restatement of various sections of Chapter 53; in some cases, verbatim. I would recommend that the board action for the Chapter 53 revisions include the deletion of the redundancies from the LDRs and adoption of Chapter 53 therein by reference. We handled similar overlapping issues in this manner last year during revisions to Chapter 52, Water Ordinance. Please contact me if you have any questions or comments in the subject regard.